Evans v. City of Zebulon, Ga, 02-16424.

Decision Date31 March 2004
Docket NumberNo. 02-16424.,02-16424.
Citation364 F.3d 1298
PartiesPeter EVANS, Detree Jordan, Plaintiffs-Appellees, v. CITY OF ZEBULON, GA, Robert Loomis, individually and in his official capacity as Police Chief of the City of Zebulon, GA, Defendants, Denis Stephens, Defendant-Appellant.
CourtU.S. Court of Appeals — Eleventh Circuit

Richard A. Carothers, Thomas M. Mitchell, Carothers & Mitchell, LLC, Buford, GA, for Stephens.

Dovre Christian Jensen, Law Office of Chris Jensen, Norman J. Slawsky, Jacobs & Slawsky, P.A., Clark E. Gulley, Atlanta, GA, Thomas F. Richardson, Norman Carter Pearson, III, Chambless, Higdon & Carson, Macon, GA, Laurel E. Henderson, Laurel E. Henderson, P.C., Decatur, GA, for Plaintiffs-Appellees.

Appeal from the United States District Court for the Northern District of Georgia (No. 01-00009-CV-JTC-3); Jack T. Camp, Judge.

(Opinion Nov. 18, 2003, 351 F.3d 485, 11th Cir.2003)

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

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8 cases
  • Andrew v. St. Tammany Parish Prison
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • January 14, 2016
    ...under section 1983) (citing McFadden, 713 F.2d at 146; Evans v. City of Zebulon, 351 F.3d 485,495-96 (11th Cir. 2003), vacated, 364 F.3d 1298 (11th Cir. 2004), rehearing en banc granted on other grounds sub nom. Evans v.Stephens, 407 F.3d 1272 (11th Cir. 2005); Bender v. Brumley, 1 F.3d 271......
  • Evans v. Stephens
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 9, 2005
    ...conducted the strip search was unreasonable. Evans v. City of Zebulon, 351 F.3d 485, 497 (11th Cir.2003), vacated by Evans v. City of Zebulon, 364 F.3d 1298 (11th Cir.2004). The panel also concluded that qualified immunity applied to Officer Stephens for both violations. Id. STANDARD OF REV......
  • Warren v. Gusman
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • March 9, 2017
    ...under section 1983) (citing McFadden, 713 F.2d at 146; Evans v. City of Zebulon, 351 F.3d 485,495-96 (11th Cir. 2003), vacated, 364 F.3d 1298 (11th Cir. 2004), rehearing en banc granted on other grounds sub nom. Evans v. Stephens, 407 F.3d 1272 (11th Cir. 2005); Bender v. Brumley, 1 F.3d 27......
  • Powell v. Barrett
    • United States
    • U.S. District Court — Northern District of Georgia
    • July 5, 2005
    ...after the Evans I panel issued its decision, the Circuit voted to vacate the opinion and rehear the appeal en banc. Evans v. City of Zebulon, 364 F.3d 1298 (11th Cir.2004). On rehearing, the Court of Appeals likewise found certain characteristics of the search unconstitutional, but conclude......
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1 books & journal articles
  • The Antitrust Duty to Deal in the Age of Big Tech.
    • United States
    • Yale Law Journal Vol. 131 No. 5, March 2022
    • March 1, 2022
    ...PGA for not giving it free rein to publish the scores immediately and without restriction. Morris, 364 F.3d at 1290-92. (237.) Morris, 364 F.3d at 1298 n.15 ("The [defendant's] property right does not come from copyright law, as copyright law does not protect factual information like golf s......

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